Major
Problems in the United Nations Civilian Protection Sites (POCs) in South Sudan
and the Refugee Camps on the Borders
ABSTRACT
This
paper examines the persistent challenges facing the United Nations Mission in
South Sudan (UNMISS) in protecting civilians—particularly women and
children—from sexual and gender-based violence (SGBV) in and around the
Protection of Civilians (POC) sites and border refugee camps. Despite the UN’s
“Responsibility to Protect” (R2P) mandate, widespread abuses—including gang
rape, abduction, and targeted killings—continue to occur with impunity. The
study identifies structural failures in R2P implementation, inadequate
humanitarian coordination, and flawed aid distribution mechanisms that expose
displaced women to further harm. It argues that UNMISS must transition from a
passive posture to a proactive, gender-sensitive protection strategy that
integrates security patrols, community engagement, and survivor-centered
medical and psychosocial support. Drawing on field reports, testimonies, and
comparative lessons from Darfur, this paper provides practical recommendations
for improving the safety of internally displaced persons (IDPs) within POC
sites and enhancing the role of regional forces in safeguarding refugees.
Ultimately, it calls for a re-examination of UNMISS’s operational mandate and
accountability mechanisms to restore the credibility of international
protection efforts in South Sudan.
Major
Problems in the United Nations Civilian Protection Sites (POCs) in South Sudan
and the Refugees Camps in Borders
The
paper discusses the Causes of Sexual Gender Based Violence (SGBV), gang rape
outside the United Nations Protection (UNPOCs) sites in South Sudan; and
refugee camps on the borders. It also explains R2P failure, humanitarian
delivery aid mechanisms and the negative impact of Aid Distributions (do no
harm) on lives of women and children and failure to meet the needs of
women in particular. It explores workable concrete solutions to prevent (SGBV),
gang rape crimes as well as provides the UN peacekeeping force in country with
some ideas how to protect IDPs in POCs, which could reduce (SGBV) in the
current political and humanitarian crisis in South Sudan. In addition to this,
its addresses the role regional forces can play to protect Internal Displaced
Persons (IDPs) in UNPOC Sites in South Sudan as well as refugee camps outside
South Sudan.
The
paper does not go into the question of SGBV within the UNPOCs or sites and the
refugee camps. It seems the major problem is outside the POCs sites, and it
draws conclusions with recommendations.
It
argues that, it is time for United Nations Mission in South Sudan (UNMISS) to
move from an inactive stance and face its failure to protect civilians;
reexamine critically its culture of report writing, its system of distributions
of solid food aid; its ignoring the need for distributing firewood or providing
solar cooking stoves; its inadequate medical centres for (SGBV) victims; and
the logistical gaps that affect the investigative body with the mandate to
document (SGBV) crimes and preserve evidences for future persecutions, namely
the Human Rights Commissioners (OHCHR, 2017). The paper commences
with (SGBV).
The
other issue is the culture of reporting within the UN system. The culture of
reporting has never yielded substantive results on the ground as well as
improves safety of women IDPs in both Darfur camps and POCs in both Sudans.
There
were many reports and cases well documented by the UN investigators that
covered SGBV cases, but the situations remained the same and IDPs still in the
camps and POCs sites. For example, from July 2016 to January 2017, Human Rights
Violations and Abuses report was jointly documented by UNMISS and the OHCHR.
The report detailed human rights crimes and violations, and UN system was still
inactive and failed to protect IDPs.
The
Human Rights Commission was established under the auspices of the United
Nations with mandate to monitor, investigate, verify and report on abuses,
violations of human rights, violations of International humanitarian law and
the most serious crimes in South Sudan since December 2013 by inter alia
collecting and preserving evidences of human rights violations and abuses and
violation of international Humanitarian Law and by supporting criminal
proceedings before the hybrid court and national, regional and international
tribunals with jurisdiction over such crimes (OHCHR 2017), provide protections
and safety to POCs populations in South Sudan (UNMISS/OHCHR 2017).
1.
The Causes of Sexual Gender Based Violence (SGBV).
The
frequent SGBV crimes against women, girls and boys around and outside UNPOCs
sites and refugee camps are some examples of failure of
R2P and the UNMISS. Failure of R2P in poor military
protection of civilians specially women victims of gang rape who were caught up
in search for firewood and absence of patrolling areas around UNPOCs sites and
roads leading to markets. Additionally, it seems that there was lack of
positive interactions between IDPs populations in the POCs and peacekeeping
forces. The positive interactions is the most important elements of R2P and
UNMISS mandate in protection of citizens, vulnerable and defenseless women,
young girls and boys who cannot defend themselves in this current civil war.
The UNMISS and R2P failed to provide military protection, adequate food,
womens’ needs as well as protections of women who ventured outside POCs sites
in search of food and firewood and ended up victims of SGBV ang gang rape.
The
current rape data collected in South Sudan shows that the youngest patient
treated due to rape and several times physical assault was a 5-year-old boy.
33% of patients experienced sexual violence in South Sudan, 23% during the
journey to Uganda, 19% at the border areas and 18% in the refugee settlement or
reception centres (MSF Report 2017).
Below
are stories of gang rape-
Adot
sought shelter at the POC site in Malakal UNMISS base on 24 December 2013. One
morning a few days later, she left the base to collect firewood. When she was
on her way back, and only a short distance from the base, four Nuer SPLA-IO
soldiers attacked her.
“I
saw four soldiers coming towards me. I tried to run but they told me they would
shoot me if I ran… They asked me if my husband was alive. I did not reply. Then
they told me to undress myself and to lay down. I refused and they started
beating me with sticks. I realized that they were going to kill me if I
continued resisting, so I undressed and laid down. Two of them held my legs and
they told one of the others to put a stick into my vagina. So the soldier
penetrated my vagina with a stick and I started bleeding immediately. I was
brought back to the POC by women who also came to collect firewood. I was
admitted in the hospital and stayed there for seven days.” (Amnesty
International 2017: p.g27).
Seven
government soldiers gang raped Nyabang on 20 July 2017 when she left the Juba
POC site, intending to collect food from the World Food Programme warehouse on
Yei Road, which she heard had been looted.
She
recounted the words of her attackers:
“They
spoke to me in Dinka, saying that I must be a Nuer woman. They told me, ‘You
woman from Dr. Riek supporters…we are going to show you today. We are going to
rape you and you will produce our kids through your vagina, your anus and your
mouth’… all of them raped me… they penetrated my vagina, anus and even they
inserted their penises inside my mouth… They raped me simply because I am a
Nuer… They told me I should blame Dr. Riek Machar for what happened to me
(ibid: p.g:36).
Nyabang
told researchers that a military sergeant participated in gang raping her,
along with six other soldiers, until she fell unconscious. His only instruction
was that his subordinates should only rape her vaginally. She recounted, “He
[the sergeant] ordered them saying, ‘Stop raping her through her anus, please
use her vagina’. After that they decided to use my vagina (ibid: p.g. 37).
Some
of the Nuer women attacked along Yei Road were abducted by government soldiers.
On 27 July, Nyamachar made the difficult decision to leave the POC and go to
the market.
“We
[myself and other women] knew that it was very dangerous for Nuer women and men
to move outside the PoCs for fear of being raped and killed. But for us women,
we just closed our eyes to save our children from starvation. Our children were
really dying of hunger in the POCs because we spent many days without food.
Since the war broke out in July, the UN had never distributed food.”
On
her way back from the market, Nyamachar encountered a large group of armed
soldiers at the Yei Road checkpoint. One soldier forced her to enter his car
and took her to a government military camp outside of Juba.
“He
pushed me into the car and I was driven off … When we reached [the military
camp], this soldier took me inside his room and raped me many times. He raped
me immediately when we arrived, again after one hour, and again in the middle
of the night. The following day, I discovered that there were some other Nuer
women that they kept…as sex slaves…I stayed with this soldier for three
days…[then] he called another soldier to come and rape me. This soldier raped
me five times before they released me.” Nyamachar said she spent
approximately one week held in the military camp (ibid:p.g. 37).
Recently
an attack in Juba, the capital city, was reported widely. Organized forces
in military uniforms used color of their authority to rob, rape, and kill
women, girls, boys and men in the day light and at night. On Oct 13th, in
the absent of R2P in Juba, SPLA soldiers’ gang raped two young girls in Juba
Muniki residential areas (News & Politics, Oct, 2017). It is safe to
say that even non-IDP civilians in major cities have difficulties getting,
finding and buying charcoal and food and fall prey to violence in overcoming
these difficulties.
2-R2P
Failure
My
position is that these cases of rape as described above could have been
prevented if the R2P had been effective and efficient. Let us begin with what R2P
elements are. It has become part of the mandate of UN peace keeping troops in
South Sudan, where it was first initiated.
The
UNMISS Mandate on peace keeping and protection
The
United Nations Security Council Resolution 2155 (2014) of May 27th, 2014
mandated 12,500 UNMISS peacekeeping forces to protect
civilians; monitoring and investigating human rights; creating the
conditions for delivery of humanitarian assistance and supporting the
implementation of “the 2014 Cessation of Hostilities Agreement (CoH)”.
The
protection of civilians clauses (I), (II) and (V) state the following: To
protect civilians under threat of physical violence, irrespective of the source
of such violence, within its capacity and areas of deployment, with specific
protection for women and children, including the continued use of the Mission’s
child protection and women’s protection advisers; and to deter violence against
civilians, including foreign nationals, especially through proactive
deployment, active patrolling with particular attention to displaced civilians,
including those in protection sites and refugee camps, humanitarian personnel
and human rights defenders, and identification of threats and attacks against
the civilian population, including through regular interaction with the
civilian population and closely with humanitarian, human rights and development
organizations, in areas at high risk of conflict including, as appropriate,
schools, places of worship, hospitals and the oil installations, in particular
when the Government of the Republic of South Sudan is unable or failing to
provide such security (UNSC 2014).
Let
us look at what the practice is in fact compared to the expectations of the
mandate. For example, the current protection practices by the UNMISS constitute
daily patrols during the day time in the major cities in South Sudan, cleaning
(grabbed collection) of Juba city, directing traffic and pedestrians, teaching
locals taekwondo, karate and cricket.2 Such activities to maintain do
not serve, even violate, the mandate to protect victims from violence and
to save (SGBV) all civilians from victimized by gang rapes
carried out by any rebel groups or Sudan People’s Liberation Army (SPLA)
military and its illegitimate ethnic dinka militants when they go in search of
extra food, water and firewood to save their starving children from hunger in
the UNPOC sites or refugee camps. Despite even their daylight patrols, the UN
troops are unable to prevent the SGBV occurring as described above by actual
victims. As there are no night patrols as of yet, though this is being
discussed as necessary because of findings of report of the UN in August 2017,
any efforts to get food or firewood or water at night are totally unprotected
by UN troops. Obviously, this practice reveals even more clearly the
ineffectiveness and inefficient of the R2P doctrine.
Thus,
in summary the “Elements” of the R2P embrace three temporal phases:
1. The responsibility to prevent: to address both the
root causes and direct causes of internal conflict and other human-made crises
putting populations at risk.
2. The responsibility to react: to respond to situations of
compelling human need with appropriate measures, which may include coercive
measures like sanctions and international prosecution, and in extreme cases
military intervention.
3. The responsibility to rebuild: to provide, particularly
after a military intervention, full assistance with recovery, reconstruction
and reconciliation, addressing the causes of the harm the intervention was
designed to halt or avert (Weiss, 2006: p.23).
On
Nov 11th, 2016, Mr. Adama Dieng, the United Nations envoy on genocide
prevention visited Yei city. While in Yei, Mr. Dieng encountered stories of
victims of tortures, detentions, and rapes. Among many Yei city’s IDPs
population who voluntarily appeared and testified before UN officials was Rev.
Lasu. He was later arrested, tortured, murdered by the South Sudan national
security (SSNS) agents and his body was found on the Yei –Juba Road. This incident
suggests that R2P and UNMISS failed to protect IDPs as well as to provide
protection to human rights witness who came forward with information about
crimes against humanity. Lacks protections and patrolling have forced many IDPs
to leave major cities in South Sudan at a high rate of 3,500 persons per day
(UNHCR, 2017).
Lack
of protection and safety of witnesses may also, deter many not to come forward
with evidence and may not help work of human rights investigative body. This
explains the basis of the obligation to report human rights abuses weaknesses
of the reporting culture of UNMISS outside the peacekeeping troops who have the
mandate to protect, also it raises many questions such as what are the
terms of that mandate? What are problems of poor implementation?
The
UN relied on the regional body of the African Union (AU) to do similar duties
of UN human rights investigative body, and this create duplication of work and
AU has its own weaknesses in this field. Additionally, the body set up by
the OHCHR and UNMISSES Human Rights to oversee human rights violations, but the
body is inactive and cannot guarantee witnesses safety in the country as well
as this defeat the overall purpose and mandate of the body. Protecting, and
providing safety to witnesses as well as documenting and preserving crimes
evidence is the only way victims will have hope in international legal system,
will deter rogue government form using their soldier’s contrary to
international humanitarian and human rights standards and rebel criminals as
well.
3. Negative
Impact of Aid Distributions on Women and Failure to meet the needs of women in
particular
Under
the R2P mandate the UN troops are to create the conditions for delivery of
humanitarian assistance and support the implementation of “the 2014 Cessation
of Hostilities Agreement”.
In
order to create such conditions, the UN troops must be made aware of why
protection has to be designed according to the needs of the civilians being
protected and how not fulfilling these needs can expose them to danger and
violence. In this regards the food and water culture in South Sudan plays a key
role and is a key cause of the SGBV that women, children and boys sufferings
from.
Food
culture and firewood collection in Sudan and South Sudan are the responsibility
of women. Women’s daily activities consist of walking in groups for long distances
early each morning and before sunset, during the day and evening to fetch water
either from a river, or boreholes that are not near villages. Search for water
around water sources are places where women socialize and offer social support
to each other.
Water
is used for drinking, washing needs, cooking traditional foods known as ugali
and Kisra (flatbread), porridge, preparing tea, coffee and heating water for
baths. This explains why the culture of preparing food in both Sudans takes
more than five hours or so. Furthermore, cooking processes require firewood,
and most women in urbanized cities such as Juba, Malakal, Torit and Wau
buy charcoal. However, these days, it is very difficult to find, get and
buy charcoal and firewood in markets across South Sudan.
The
reason is most charcoal, and firewood traders have either left the village or
been displaced due to insecurity. Insecurity and population displacement
together triggered food and water insecurity. The insecurity contributed
to increased charcoal prices in the markets. For instance, the current price of
one sack of charcoal is $2000SSP (average $16US) and before 2013, it was around
$20SSP while average employee salary is $300SSP. In addition to this, for
many there is no access to the markets at all, even if they could afford high
prices, the economy has collapsed, farmers can no longer produce food, and
public servants have not been paid for the last ten months or so.
Other
factors contributing to rise of charcoal scarcity are most major natural
forests are inhabited by different rebel groups and the major producer cities
in Equatoria States are controlled by SPLA soldiers and illegitimate
ethnic dinka paramilitary of Mathiang Anyor that is carrying on
targeted killings of civilians and traders on the roads (Johnson, 2016).
Thus, the
issues of food/water availability and insecurity are major contributors to GBV,
gang rape and armed attacks on civilians in the UN POC sites and refugee camps.
The
aid packages delivered to the civilians in the UNPOC sites do not include
standard non-food items such as water, firewood, charcoal, and solar ovens for
cooking.
Since
charcoal trade is number one factor leading to deforestation in both Sudans, it
is ideal that solar ovens can be perfect solution to deforestation.
While
the traditional IDP camps or refugee camps make provisions for water and
cooking, the POC sites are at a disadvantage. The reason lies in the conditions
under which the POC camps were created in South Sudan.
The
term POC site is newly invented, and it has entered the humanitarian lexicon
after the 2013 political and humanitarian crisis in South Sudan. When conflict
broke out between the forces loyal to Dinka President Kiir and those of former
Nuer Vice President Machar, violence erupted and led civilians fled their
neighborhoods with the hope to take safety at the UNMISS premises in the
capital Juba.
When
IDPs reached the UNMISS gate, the peacekeeping forces prevented them from
entering the UN compound in Tomping west of Juba Airport, but later they were
allowed after consultation between NY and UNSGR. This was the first time that
IDPs physically ran into UN premises for safety- this was unusual.
Similarly,
it was the first time that UNMISS was faced with this situation, without
guidance, ill-prepared, did not have contingency plans to receive and deal with
needs of thousands of IDPs as well as providing protection for them. The 2013
violence which spread across the country creates new kinds of camps for IDPs,
this time on UN premises.
This
has generated several predicaments. Other UN agencies and NGOs specialize in
dealing with, organizing and managing IDP and refugee camps on sites provided
by the national or local government. They were not called in to manage
the situation of IDPs in the UN peacekeeping compounds in South Sudan. To this
day there is lack of coordination and communication with such agencies and
NGOs. Even some NGOs are baffled, because they have distinct policies about
limits to dealing with military troops or working in militarized environment.
The dilemmas as how remain unresolved fully even with deployment of additional
protection forces.
Another
issue that stands out very clearly was the fact that UN forces are not
well-trained in the international humanitarian field. They are combat troops
with hardly any humanitarian training even in their own national milieus.
Combat duty and defensive troop protection as well as civilians took priority
and created many problems: no food aid, no water, no protection against SGBV,
no management of ethnic tensions within the sites, and lack of policy
guidelines on cooperation among the INGOs. For instance, MSF has setup medical
centres to treat SGBV in Upper Nile States and this initiative should have been
extended to other POC sites in Equatoria States. However, it is not clear in
the policies of the UN or the NGOs to what extent NGOs wish to cooperate with UN
troops and national tribal forces of Juba regime (MSF report 2017).
___________
3. Mathiang
Anyor
4.
Recommendations: The Role Regional Forces can Play to Protect IDPs in United
Nations Protection of Civilians (UNPOC) Sites in South Sudan as well as Refugee
Camps in the neighboring countries.
4.1
Lessons from Darfur, west Sudan
IDP
camps abound in Darfur for more than 13 years. The common denominator between
the IDPs of Abu-Shuko, Zam Zam, and Tuwela in the Darfur region of Sudan
and the IDPs in the UNPOC sites in South Sudan is gender violence- gang
rape crimes, lack of protection, and ineffective and inefficient food
aid distributions (Consult Laku’s
article gang rape in Darfur published in Embassy Newspaper May 2005). The
causes of gang rape between the two camps are lack of firewood or sufficient
firewood substitutes or solar ovens for cooking, insufficient food aid, milk
for infants and lack of water. The only difference between these two types of
camps is that the IDPs camps in Darfur are not accommodated within the peace
keeping compounds in Sudan. UNAMID troops have not been overrun by IDPs.
The
camps are run by United Nations Higher Commission for Refugees (UNHCR) and
International Organization for Migration (IOM), while in South Sudan IDPs camps
are within UN premises. Gender violence and gang rape crimes are committed by
both the SPLA soldiers, illegitimate ethnic dinka paramilitary
of Mathiang Anyor, and SPLA in Opposition (SPLA-IO) rebels; while in
Darfur mainly by Janjaweed4 illegitimate militias of National Islamic
Front, that have conducted the ethnic genocidal cleansing in Darfur, concentrating
its indigenous population into camps where they are more easily controlled,
gang raped, exploited and liquidated. The UNAMID has also the mandate to
protect such communities but has been ineffective and failed (UN reports).
The
mandate of the UNAMID has been extended for one year more to provide protection
to IDPs camps in Darfur, SGBV cases continue to increase, and Darfur IDPs
are now forgotten and living at the mercies of genocidaires criminals of
Khartoum government. Many of the protection measures again SGBV have been
left to other agencies, e.g. World Food Program (WFP) in its food camps. It
introduced SAFE measure to protect against rape of women gathering
firewood for cooking or water. Solar ovens were also introduced. Manufacturing
of fire material other than firewood within the camp by the IDPs themselves was
also introduced and special carriers for water that reduce the time women need
to fetch the water and get back to the camp in time (See WFP SAFE Materials).
In
the agricultural seasons many IDPs left the camps to return to their fields for
two reasons mainly – to preserve their rights over the land and to plant their
own food to supplement the food aid. Without UNAMID protection, they were
victims of government militia and rebel assaults.
Having
worked in both Sudans for many years, and an eye witness of gang rape crimes in
the Darfur region of Sudan and read the recent Amnesty International
report- “Do Not Remain Silent” Survivors of Sexual Violence in South
Sudan Call for Justice and Reparations on the gang rape crimes against
women, girls, boys and men in Juba,Yei, Malakal, Bor and Wau, the only
conclusion the readers can reach to is that, the R2P mandates of UNAMID and
UNMISS of civilians protection have failed as result of insecurity, South
Sudanese IDPs are fleeing their villages and cities daily at high rate of 3500
person per day (UNHCR, 2017), and large number of Darfur IDPs settled in
Northern Bahar Al-Ghazal in South Sudan and were forced to take refuge either
in Chad or Central Africa Republic (double migration), and the UN officials on
the ground and the NY headquarter have failed to learn from measures taken
earlier in Darfur and to assess why they did not result in full protection
(Amnesty Report 2017).
In
the Amnesty International report 2017, the victims of gender violence and gang
rapes living under the ‘protection’ of the UNPOC sites described in detail
their suffering in forays outside of the UNPOC sites for lack of food, water,
cooking supplies, provided the reasons of venturing out of UNPOCs and how they
are subjected to gang rapes.
All
the victims said that food distributed in the UNPOC sites is insufficient and
they had to search for additional food and milk supplies for children and
infants, lack of water and most importantly there was no firewood or charcoal
to cook solid food aid such as brown and white beans, rice, red and brown split
lentils, no solar ovens. As they ventured out in search for food, encountered
either SPLA or rebels in bush and soldiers so brutally gang raped, and as
result some became unconscious, fainted and find themselves into POC sites. The
lucky ones received medical treatment and others didn’t; however, some women
were raped and died or were killed by perpetrators (Ibid: p.25, 28, 29, 31
& 33).
The
current food aid distribution defeats the overall purpose of DAC “do no harm”
and new efforts are required to ensure that more realistic approaches and
workable solutions are in place in order to prevent (SGBV) crimes
around UNPoCs in Sudan and South Sudan. The donors’ efforts to help IDPs in the
UNPOCs are commendable do save some lives; however, aid distributions require
changes in new ways of thinking, new assessments that will provide positive
experience rather than negative and should not cause directly and indirectly intended
or unintended consequences on recipients.
4.2
Suggested Improvements
4.2.1
Increase amounts of food aid, water, cooking instruments
The
overall analysis of the Amnesty report 2017 substantiated that
most (SGBV) crimes against women, underage girls, boys and men around
UNPOCs in South Sudan are committed by South Sudanese men in the tribal military
uniforms and in rebels-controlled areas. The reasons given by most women were
that humanitarian food aid provided by International non-governmental
Organizations (INGOs) was insufficient and require firewood or alternatives
which are not provided as part of the aid package.
The
best approach to resolve firewood problems is for the INGOs to purchase durable
easy-to-use solar cookers that can be delivered to the UNPOCs sites for under
$20, complete with 4.25- liter cooking pot and glass lid. This type of solar
cooker is almost indestructible and will make perfect ugali in an hour or two
with no stirring until right at the end, and it will never burn out, but most
importantly it will save women, younger girls and men live as well as prevent
them venturing out of UNPOCs.
The
UNMISS can discuss with the IDPs the possibility of sending out patrols to
protect those who return to their fields to plant so that they have more food.
Moreover,
in an event of lack of UNMISS funds to purchase solar cookers, part of 16000 UN
protection forces in South Sudan should organize convoys to escort women to
market either on foot or by vehicles to buy firewood as well as other daily or
weekly necessities. Another workable solution is for the UN and INGOs should
delivery firewood, charcoal, propane gas and water to IDPs in POCs sites. The
market convoy can be twice or three times a week based on consultation with
women IDPs.
The
UN and INGOs should revise the current humanitarian aid distributions system
and need assessment to include increasing daily and weekly food ration, provide
charcoal, firewood, propane gas, solar cookers, hygienic articles for women and
girls, water, and infant milk and arrange escorts convey to drive women to
market (see Enough 2015, and Amnesty International). These measures will
definitely reduce and put an end to (SGBV) crimes against women as
well as save lives in war zones areas and refugees camps, but overall strategy
is to fulfill UNMISS mandate.
4.2.2
Night patrols
The
current practice of UNMISS in South Sudan is to undertake daily patrols during
the daytime inside Juba. This is not the best patrol practice to deter
organized criminals, and this should be modified to night joint UNMISS and SPLA
forces. The paper condemns any unauthorized SPLA forces from movement within
Juba between 2100-0600 hours, in major cities where the IDPs are concentrated
and UNMISS mandate should be extended to include areas around refugee camps
where killings happen daily.
The
reasoning behind night patrols is to prevent criminals within tribal SPLA
forces who are committing rape, killings and looting in major cities in the
country and rebels from looting humanitarian aid from refugees at gun points
and the sale of food aid in neighboring countries market. The protection should
include South Sudanese women engaging in cross border trade and smuggling.
Also, most gang rape crimes occurred at evening and night times according to
the witnesses in the Amnesty Report (Amnesty 2017), so it makes perfect sense
for the UN protection forces to patrol the major cities and POCs at night to
deter SPLA soldiers. It ought to expand night patrols to all major cities
such as Juba, Wau, and Malakal which are experiencing high rate of killing,
rapes, and robbers.
While
the UNMISS has not yet implemented night patrols of the peace keeping troops,
there are SPLA force night patrols. The current composition of tribal SPLA
force night patrols consists of soldiers mainly from one tribal group either
Dinka and Nuer, communicate in one tribal language and this kind of composition
facilitates looting, raping stealing, targeted killings and crimes cover up in
Juba city much easier.
As
mentioned, the UN has reported that it is aiming to increase the number of
patrols at night on the basis of a report (Al-Jazeera 2016/11) this year
that daytime patrols are insufficient. Why the UN did not have night patrols
from the start is unknown. Perhaps this deficiency reflects the knowledge gaps
that arise from poor reporting. For it is common knowledge that gang rapes take
place in Juba every night. No doubt in other cities as well. The UN ought to
explain publicly this gap in knowledge and if known why night patrols did not
take place.
As
mentioned above, in addition to night patrols there can be patrols accompanying
those who return to plant their fields to supplement their food rations.
4.2.3
Reporting Human Rights or Human Wrong Violations
The
UN should accelerate funding for the establishment of the Hybrid
Court for South Sudan and its logistics as outlined in the ARCSS
of 2015 as well as to establish an independent mechanism (e.g.
An Independent Commission for justice and accountability) to assist in
investigating violations in the country, preserve evidences, conduct extensive
video /audio interviews with survivors and witnesses to collect SGBV cases.
This is the only way victims will have hope in international legal system as
well as will deter government soldiers and rebel criminals. The UUMISS should
establish a system to protect and provide safety for witnesses. Currently, the
discussion is centered on the establishing hybrid court and human rights
investigative body to investigate crimes against humanity and persecute war
criminals within South Sudanese forces as well as rebels’ groups; but, in
practice there is lengthy delay in the implementations and funding.
On
the other hand, ARCSS should be replacing with new agreement that has larger
framework to include current opposition groups as well as new IGAD
consultations initiatives.
4.2.4
More authority to UNMISS troops
Juba
is not South Sudan, and South Sudan is bigger than Juba city. The overall
UNMISS strategy should not focus only on better planning, preparation and
establishment of a weapons-free-zones around the POC sites in Juba, but new
strategy should empower peacekeeping forces with power to arrest, detain, fight
back and enter into combat against law breakers; but most importantly
strategy is should focus on put an end to political crisis in the country and
search new strategy to achieve peace as well as establish technocrat
transitional government to prepare the country for fair, free and transparence
general elections in 2020.
4.2.5
Medical support
The
UNMISS should establish well equipped medical centres in the UNPOCs across the
country equipped with psychiatrists, psycho-social therapists and trauma
counselors to treat gender violence cases as well as to
help survivors of sexual violence to restore their physical and
psychological well-being.
The
UNMISS should strengthen its existing partnership linkages with MSF which has
expertise in medical field. They ought to coordinate operations and logistics
together and benefit each other from experiences. But if INGOS have policies
against cooperation with military, then the UNMISS ought to rely on its own
resources to fund the medical help needed physically for assaulted civilian
victims of any gender and personnel for mental illnesses and support for
victims who lose limbs in attacks on civilians.
4.2.6
Expand number of POC sites and better equip
The
UNMISS should establish new POC sites to accommodate newcomers and to avoid repeated
evictions of a grandma in Bentiu POC camp (MSF, Grandma’).
To
improve POC sites, the UNMISS should supply each IDP’s household in the POC
sites with (10’x30’) Tent that has 6 removable side walls. Tents can protect
IDPs from sickness that have resulted directly in the overcrowded and
deplorable conditions as well as provide IDPs with tempera shelters. Tents
and access to adequate water, and sanitation can improve the basic conditions
and positive environment in the POC sites.
4.2.7
In-Sites Conflicts
The
UNMISS should support the work of traditional authorities (Chiefs) in
some POCs sites with operation and logistics, but should not rely on them 100%
as some cases might require police investigation (LSE). Where police
investigation is needed IDPs ought to be consulted on how much they trust the tribal
South Sudan police and require strict observation of police interactions with
IDPS by the UN Police Observers, who are often excluded from national police
interrogations.
4.2.8
Livelihoods training
In
the Darfur IDP camps, the specialized UN agencies and NGOs/INGOs introduced
livelihoods training, e.g. food for education. Taking a lesson from this, the
UNMISS mandate should establish literacy classes, small skilled trader
training, and small business enterprise training in the POC sites to equip IDPs
with some knowledge for future use in lieu of organizing cricket and tawkenodo
sports.
4.2.9.
The UNMISS should be mindful of Charcoal Trade Leading which can lead to
Deforestation in South Sudan
CONCLUSIONS
The
UNMISS DPKO needs to take a hard look at its POCs mandate in terms of its
implementation. It can ask for more women peacekeepers, ask for more troops
trained in humanitarian crises, turn over the management of POC to specialized
agencies and concentrate on its military/policing powers, or use the help of
UNHCR/IOM to transfer as many civilians as possible to proper refugee and IDP
camps. Long-term POC confuses the situation by duplicating the mandates of
specialized agencies. POC sites can only be temporary situation with a clear
plan of transfer. The peace keeping mandate becomes otherwise too diluted and
peace keeping funds are diverted.
ABOUT
THE AUTHOR:
©Hüstin
Läkü, Sr., is a native South Sudanese, and educated in South Sudan, Sudan,
Egypt, Germany and Switzerland. He is a graduate of University of Fribourg
in Switzerland; Caux Scholars Program in Switzerland, and University of Ottawa
in Canada.
His
current research topic Title: Evaluating South Sudan Governance: From
Perspective of Federated Forms and/or Devolution; Politics of Foreign Aid in
Africa-The Myth of Foreign Aid in Africa: Case Sudan and South Sudan and the
Role of Agricultural in South Sudan’s Economic Development.
Läkü
Sr, helped create Sudan Health Care and Education Project (SHCEP) to improve
public health care and Education in South Sudan through knowledge transfer,
professional development and capacity building. Through SHCEP, Hüstin
working with university-based Canadian physicians and 190 medical professionals
in the County of Cornell in the U.S.A., he brought about the donation of ten
railroad carloads of medical training equipment, wheelchairs, medical
textbooks, nursing and health sciences, physic, Chemistry, Biology and English
textbooks worth about one million dollars and equipped 13 medical clinics
around Central Equatoria State.
Currently,
he is working on new projects, building partnerships between Carleton and
Ottawa universities, and Juba University; building a school for girls in
Eastern Equatorial State; and Seed for Democracy for South Sudan (SfDSS).
The
mission of SfDSS is to prepare South Sudan, to understand and adopt the
democratic processes and practices that would help it ensure future peaceful
transference of power from successive governments.
Hüstin
Läkü, Sr., is a recipient of Dr. Martin Luther, Jr, Dream Keepers Award, and
Queen Elizabeth II model for Humanitarianism.
Endnotes:
1. The Human Rights Commission was
established under the auspices of the United Nations with mandate to monitor,
investigate, verify and report on abuses, violations of human rights,
violations of International humanitarian law and the most serious crimes in
South Sudan since December 2013 by inter alia collecting and preserving
evidences of human rights violations and abuses and violation of international
Humanitarian Law and by supporting criminal proceedings before the hybrid court
and national, regional and international tribunals with jurisdiction over such
crimes (OHCHR 2017).
2. Japanese Engineers Members
of UNMISS
Support First National Karate Competition in South Sudan.
3. Mathiang Anyor are is
located at the Luri training centre west of Juba city. Luri is a Bari community
land grabbed by Kiir in order to establish his cattle ranch. These illegitimate
para military groups were funded by the national budget. The recruitment and
composition of tribal groups are mainly from Awiel and Warrap States PM and
Kiir’s home states. They operate independent of SPLA with strict tribal mandate
to shot and kill rape, loot and grabbed non dinka lands and properties. The
groups lack military training as well as rules and regulations and it replaces
the existence security sectors.
4. Janjaweed are paramilitary
trained, armed and paid by Khartoum regime and responsible for killing, raping,
torturing, insecurity, human rights violations, crimes against humanity and
Darfur genocide.
REFERENCES
Amnesty International, “DO NOT REMAIN
SILENT” SURVIVORS OF SEXUAL VIOLENCE IN SOUTH SUDAN CALL FOR JUSTICE AND
REPARATIONS, last read July 30, 2017
Enough, Food Culture and Conflict in South
Sudan, last read September 1st, 2017
Embassy [Canada] Newspaper. Retrieved on
September 1st, 2017, from: Last read on September 1st, 2017
LSE, Traditional authorities work in POCs
sites in South Sudan. Retrieved from: blogs.lse.ac.uk/jsrp/2016/09/29/chiefs-courts-protecting-civilians-in-south-sudan/September,
Last read on September 13th, 2017
Medicins sans Frontieres (MSF), Providing
medical treatment to IDPs and Refugees. Retrieved from: last read September
13th, 20173
MSF, Grandma evicted from POC in Bentiu,
last read September 13th, 20177
South Sudan agrees to deploy regional
protection force. Retrieved on December 2017, From: The Commission on Human
Rights in South Sudan through of 23 March 2016. Retrieved on
September 2017, from: The Paris Declaration on Aid Effectiveness., last read on
September 1st, 2017
UNMISS,
JAPANESE ENGINEERS SUPPORT FIRST NATIONAL KARATE COMPETITION IN
SOUTH SUDAN. , last Read september
1st, 2017 UNMISS Mandate. Retrieved on September 1st, 2017, from
Weiss, T. (2004), Military-Civilian
Interactions: Humanitarian Crisis and the
Responsibility to Protect. Oxford: Roman
and Littlefield Publishers, Inc.
Japanese Engineers Members
of UNMISS
Support First National Karate Competition in South Sudan.
